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PEOPLE v. NEWLAND

109 A.D.2d 661 (1985)

The People of the State of New York, Respondent, v. Derek Newland, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1985

Pursuant to CPL 300.50, assault in the second degree is a lesser included offense of robbery in the second degree which, by definition, is committed when an individual forcibly steals property and causes physical injury to a person who is not a participant in the crime (Penal Law § 160.10 [2] [a]). Since defendant's conviction for robbery in the second degree necessarily encompasses the crime of assault in the second degree (People v Boyd, 102...

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